BABY GEAR-USA®, LLC (“Baby Gear-USA®”) provides a large inventory of clean, quality equipment for your children so that you can enjoy your stay while traveling away from home. Use of any rental services, equipment or information offered by Baby Gear-USA®, including the installation or set-up of any equipment (the “Services”), is governed by the following terms (the "Agreement"). By using the Services you consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services.
Upon delivery, all equipment is thereafter used, operated and possessed at Renter’s risk. Renter assumes sole responsibility for all rented equipment while in Renter’s possession.
IF RENTER DOES NOT APPROVE OF THE EQUIPMENT UPON DELIVERY, RENTER MUST IMMEDIATELY CONTACT BABY GEAR-USA® TO ARRANGE FOR BABY GEAR-USA® TO PICK UP THE RENTED EQUIPMENT. IT IS RENTER’S RESPONSIBILITY TO INSPECT EQUIPMENT UPON DELIVERY.
Baby Gear-USA® uses reasonable care in the selection and maintenance of its equipment. However, Baby Gear-USA® makes no claims, promises or guarantees about the safety, durability, or age appropriateness of the equipment it rents. BY USING THE SERVICES YOU AGREE THAT THE SERVICES, INCLUDING ALL EQUIPMENT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY BABY GEAR-USA® AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BABY GEAR-USA®, ITS OWNERS, OFFICERS, SHAREHOLDERS, OPERATORS, AGENTS OR EMPLOYEES OR THE OWNERS, OFFICERS, SHAREHOLDERS, OPERATORS, AGENTS OR EMPLOYEES OF ITS LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM RENTER’S USE OF THE SERVICES, EVEN IF BABY GEAR-USA® OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BABY GEAR-USA®’S TOTAL LIABILITY TO RENTER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY RENTER, IF ANY, FOR SERVICES.
Renter agrees to defend, indemnify and hold harmless Baby Gear-USA® and its owners, officers, shareholders, operators, agents and employees as well as Baby Gear-USA® licensees and their owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of (a) the delivery to or pick-up from Renter of any equipment from Baby GearUSA®; (b) the installation or set-up of any equipment rented by Renter, whether installed or set-up by Renter or Baby Gear-USA®; or (c) the use of any equipment rented by Renter.
Renter shall be liable for any loss, theft, damage, staining or destruction of the rented equipment. In the event the rented equipment is lost, stolen, damaged, stained or destroyed while in Renter’s possession, Renter shall pay the costs to replace or repair the equipment, at the choice of Baby Gear-USA®, in addition to any charges incurred for the rental of the equipment.
Delivery and pickup hours are from 9am – 5pm. Additional charges may apply for exceptions / after hours pickup and delivery. This includes but is not limited to repeated attempts; extra trips; unnotified changes to vacation destination. Any charges for gate passes incurred by baby gear-USA® may be added to the client’s invoice. Baby gearUSA® reserves the right to restrict areas and times of delivery.
Renter must return all rented equipment to Baby Gear-USA® in the condition in which it was delivered to Renter. If Renter returns equipment to Baby Gear-USA® in worse condition, Renter must pay any cleaning, repair, maintenance, or replacement costs associated with returning equipment to its earlier condition.
If any portion of this Agreement is ruled invalid for any reason, such ruling shall not affect the other portions of this Agreement, and all remaining covenants, terms and conditions of this Agreement shall remain in full force and effect.
By signing this agreement, Renter understands and agrees to the terms and limitations set forth above.